Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the Republic of Türkiye: Initiation of Less-Than-Fair-Value Investigations, 29285-29290 [2024-08449]
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Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
Dated: April 17, 2024.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
Join by Phone (Audio Only): 1–833
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353–8311.
[FR Doc. 2024–08554 Filed 4–19–24; 8:45 am]
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Agenda for Both Meeting Dates
I. Welcome and Roll Call
II. Report Stage: Public School
Attendance Zones
III. Discuss Next Steps
IV. Public Comment
V. Adjournment
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Dated: April 17, 2024.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2024–08558 Filed 4–19–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–827, A–455–808, A–583–875, A–489–
852]
Dioctyl Terephthalate From Malaysia,
Poland, Taiwan, and the Republic of
Tu¨rkiye: Initiation of Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Nathan Araya (Malaysia) at (202) 482–
3401; Cameron Cheatham (Poland) at
(678) 756–8362; Brian Smith (Taiwan) at
(202) 482–1766; and Craig Matney (the
Republic of Tu¨rkiye (Tu¨rkiye)) at (202)
482–2429, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On March 26, 2024, the U.S.
Department of Commerce (Commerce)
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received antidumping duty (AD)
petitions concerning imports of dioctyl
terephthalate (DOTP) filed in proper
form on behalf of Eastman Chemical
Company (the petitioner).1
Between March 28 and April 4, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires.2 The
petitioner filed responses to the
supplemental questionnaires between
April 1 and 8, 2024.3
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of DOTP from Malaysia, Poland,
Taiwan, and Tu¨rkiye are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) within the
meaning of section 731 of the Act, and
that imports of such products are
materially injuring, or threatening
material injury to, the DOTP industry in
the United States. Consistent with
section 732(b)(1) of the Act, the
Petitions were accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested LTFV investigations.4
Periods of Investigation
Because the Petitions were filed on
March 26, 2024, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for each of these
LTFV investigations is January 1, 2023,
through December 31, 2023.
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Scope of the Investigations
The product covered by these
investigations is DOTP from Malaysia,
Poland, Taiwan, and Tu¨rkiye. For a full
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping Duties,’’ dated March
26, 2024 (the Petitions).
2 See Commerce’s Letter, ‘‘Supplemental
Questions,’’ dated March 28, 2024 (General Issues
Questionnaire); see also Country-Specific AD
Supplemental Questionnaires: Malaysia
Supplemental, Poland Supplemental, Taiwan
Supplemental, and Tu¨rkiye Supplemental, dated
March 28, 2024 and March 29, 2024; and
Memorandum, ‘‘Phone Call with Petitioner,’’ dated
April 4, 2024.
3 See Petitioner’s Letter, ‘‘Response to Request for
Clarification,’’ dated April 1, 2024 (General Issues
Supplement); see also Country-Specific AD
Supplemental Responses, dated April 1, 2024 and
April 3, 2024; and Petitioner’s Letter, ‘‘Response to
Request for Clarification (Turkey),’’ dated April 8,
2024.
4 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
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description of the scope of these
investigations, see the appendix to this
notice.
information. All scope comments must
be filed simultaneously on the records
of the concurrent LTFV investigations.
Comments on the Scope of the
Investigations
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.10 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
On March 28, 2024, Commerce
requested information and clarification
from the petitioner regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.5 On
April 1, 2024, the petitioner provided
clarifications regarding the scope.6 The
description of merchandise covered by
these investigations, as described in the
appendix to this notice, reflects the
products for which the domestic
industry is seeking relief.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).7 Commerce will consider
all scope comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,8 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on May 6, 2024,
which is the next business day after 20
calendar days from the signature date of
this notice.9 Any rebuttal comments,
which may include factual information,
must be filed by 5:00 p.m. ET on May
16, 2024, which is 10 calendar days
from the initial comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of these
investigations be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
must contact Commerce and request
permission to submit the additional
5 See
General Issues Questionnaire.
General Issues Supplement at 1–2.
7 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
8 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
9 The deadline for scope comments falls on May
5, 2024, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept
comments filed by 5:00 p.m. ET on May 6, 2024
(‘‘For both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
6 See
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Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of DOTP to be reported in response to
Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant cost of production (COP)
accurately, as well as to develop
appropriate product comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
DOTP, it may be that only a select few
product characteristics take into account
commercially meaningful physical
characteristics. In addition, interested
parties may comment on the order in
which the physical characteristics
should be used in matching products.
Generally, Commerce attempts to list
the most important physical
characteristics first and the least
important characteristics last.
In order to consider the suggestions of
interested parties in developing and
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on May 6, 2024,
which is the next business day after 20
calendar days from the signature date of
this notice.11 Any rebuttal comments
must be filed by 5:00 p.m. ET on May
16, 2024, which is 10 calendar days
from the initial comment deadline. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the LTFV
investigations.
Determination of Industry Support for
the Petitions
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Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC apply the same
statutory definition regarding the
11 See 19 CFR 351.303(b)(1). The deadline for
product characteristics comments falls on May 5,
2024, which is a Sunday. In accordance with 19
CFR 351.303(b)(1), Commerce will accept
comments filed by 5:00 p.m. ET on May 6, 2024
(‘‘For both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
day.’’).
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domestic like product,12 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.13
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic-like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.14 Based on our analysis
of the information submitted on the
record, we have determined that DOTP,
as defined in the scope, constitutes a
single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.15
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2023.16 In addition, the petitioner
estimated the 2023 production of BASF
Corporation, the other U.S. producer of
the domestic like product in 2023.17 The
petitioner then compared its production
to the total volume of DOTP produced
12 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
14 See Petitions at Volume I (pages 10–13 and
Exhibits Gen-4 through Gen-6, Gen-12, and Gen-14).
15 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklists: Dioctyl
Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of Tu¨rkiye, dated concurrently with,
and hereby adopted by, this notice (CountrySpecific AD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping
Duty Petitions Covering Dioctyl Terephthalate from
Malaysia, Poland, Taiwan, and the Republic of
Tu¨rkiye (Attachment II). These checklists are on file
electronically via ACCESS.
16 See Petitions at Volume I (page 4).
17 Id. at 4 and Exhibit Gen-15.
13 See
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by the U.S. industry.18 We relied on the
data provided by the petitioner for
purposes of measuring industry
support.19
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.20
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).21 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.22 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.23 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.24
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner states that subject imports
from Malaysia, Poland, Taiwan, and
Tu¨rkiye individually exceed the
18 Id.
at 4.
see also General Issues Supplement at 2
and Exhibit Supp-Gen1. For further discussion, see
Attachment II of the Country-Specific AD Initiation
Checklists.
20 See Petitions at Volume I (page 4 and Exhibit
Gen-15); see also General Issues Supplement at 2.
For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
21 See Attachment II of the Country-Specific AD
Initiation Checklists; see also section 732(c)(4)(D) of
the Act.
22 See Attachment II of the Country-Specific AD
Initiation Checklists.
23 Id.
24 Id.
19 Id.;
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negligibility threshold provided for
under section 771(24)(A) of the Act.25
The petitioner contends that the
industry’s injured condition is
illustrated by the significant volume of
subject imports; lost market share;
underselling and price depression and/
or suppression; declines in volume of
production, sales, productivity and
profitability; and lost sales and
revenue.26 We assessed the allegations
and supporting evidence regarding
material injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.27
respective countries during the POI.31
For Taiwan and Tu¨rkiye, the petitioner
provided information indicating that the
prices for DOTP sold or offered for sale
in the respective countries were below
the COP.32 Therefore, for Taiwan and
Tu¨rkiye, the petitioner calculated NV
based on CV.33 For further discussion of
CV for Taiwan and Tu¨rkiye, see the
section ‘‘Normal Value Based on
Constructed Value’’ below.
For Poland, the petitioner states that
there are believed to be insignificant
commercial sales of DOTP in Poland
and, therefore, it based NV on pricing
information for DOTP produced in
Poland and sold, or offered for sale, in
a third country.34
Allegations of Sales at LTFV
Normal Value Based on Constructed
Value
As noted above, for Taiwan and
Tu¨rkiye, the petitioner provided
information that indicated that the
prices for DOTP sold or offered for sale
in the respective home markets were
below the COP.35 Therefore, for Taiwan
and Tu¨rkiye, the petitioner calculated
NV based on CV.36
Pursuant to section 773(e) of the Act,
the petitioner calculated CV as the sum
of the cost of manufacturing, selling,
general, and administrative (SG&A)
expenses, financial expenses, and
profit.37 For each of these countries, in
calculating the cost of manufacturing,
the petitioner relied on its own
production experience and input
consumption rates, valued using
publicly available information
applicable to the respective countries.38
In calculating SG&A expenses, financial
expenses, and profit ratios, the
petitioner relied on the 2022 or 2023
financial statements of a producer of
identical merchandise domiciled in the
respective countries, where
applicable.39
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
LTFV investigations of imports of DOTP
from Malaysia, Poland, Taiwan, and
Tu¨rkiye. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
Country-Specific AD Initiation
Checklists.
U.S. Price
For Malaysia, Poland, Taiwan, and
Tu¨rkiye, the petitioner based export
price (EP) on pricing information for
sales, or offers for sale, of DOTP
produced in and exported from each
country.28 For each country, the
petitioner made certain adjustments to
U.S. price to calculate net ex-factory
U.S. prices, where applicable.29
Normal Value
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For Malaysia, Taiwan, and Tu¨rkiye,
the petitioner based NV on home market
prices it obtained for DOTP produced in
and sold, or offered for sale, in the
25 See Petitions at Volume I (page 19 and Exhibits
Gen-1 and Gen-15); see also General Issues
Supplement at 2 and Exhibit Supp-Gen-2.
26 See Petitions at Volume I (pages 1–2, 14–37,
and Exhibits Gen-1, Gen-4 through Gen-8, and Gen13 through Gen-17); see also General Issues
Supplement at 2 and Exhibit Supp-Gen-2.
27 See Country-Specific AD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping Duty Petitions Covering Dioctyl
Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of Tu¨rkiye.
28 See Country-Specific AD Initiation Checklists.
29 Id.
30 In accordance with section 773(b)(2) of the Act,
for each of these LTFV investigations, Commerce
will request information necessary to calculate the
constructed value (CV) and COP to determine
whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have
been made at prices that represent less than the
COP of the product.
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Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of DOTP from Malaysia, Poland,
Taiwan, and Tu¨rkiye are being, or are
likely to be, sold in the United States at
LTFV. Based on comparisons of EP to
NV in accordance with sections 772 and
31 See Malaysia AD Initiation Checklist; Taiwan
AD Initiation Checklist; and Tu¨rkiye AD Initiation
Checklist.
32 See Taiwan AD Initiation Checklist; and
Tu¨rkiye AD Initiation Checklist.
33 Id.
34 See Poland AD Initiation Checklist.
35 See Taiwan AD Initiation Checklist; and
Tu¨rkiye AD Initiation Checklist.
36 Id.
37 Id.
38 Id.
39 Id.
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773 of the Act, the estimated dumping
margins for DOTP for each of the
countries covered by this initiation are
as follows: (1) Malaysia—48.70 percent;
(2) Poland—57.88 percent; (3) Taiwan—
93.04 to 148.22 percent; and (4)
Tu¨rkiye—42.50 and 80.71 percent.40
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating LTFV investigations to
determine whether imports of DOTP
from Malaysia, Poland, Taiwan, and
Tu¨rkiye are being, or are likely to be,
sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of these
initiations.
Respondent Selection
Malaysia and Poland
In the Petitions, the petitioner
identified one company in Malaysia
(Upc Chemicals (Malaysia) Sdn Bhd.) as
a producer/exporter of DOTP and one
company in Poland (Grupa Azoty
Zaklady Azotowy) as a producer/
exporter of DOTP and provided
independent, third-party information as
support.41 We currently know of no
additional producers/exporters of DOTP
from Malaysia and Poland.
Accordingly, Commerce intends to
individually examine all known
producers/exporters in the
investigations from these countries (i.e.,
the companies cited above). We invite
interested parties to comment on this
issue. Such comments may include
factual information within the meaning
of 19 CFR 351.102(b)(21). Parties
wishing to comment must do so within
three business days of the publication of
this notice in the Federal Register.
Comments must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Because
we intend to examine all known
producers/exporters in Malaysia and
Poland, if no comments are received or
if comments received further support
the existence of these sole producers/
exporters in Malaysia and Poland,
respectively, we do not intend to
conduct respondent selection and will
proceed to issuing the initial AD
40 See
Country-Specific AD Initiation Checklists.
Petitions at Volume I (page 5 and Exhibits
Gen-9 and Gen-16); see also General Issues
Supplement at 1 and Exhibit Gen-9.
41 See
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questionnaires to the companies
identified. However, if comments are
received which create a need for a
respondent selection process, we intend
to finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
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Taiwan and Tu¨rkiye
In the Petitions, the petitioner
identified four companies in Taiwan as
producers/exporters of DOTP and 10
companies in Tu¨rkiye as producers/
exporters of DOTP.42 Following
standard practice in LTFV
investigations involving market
economy countries, in the event
Commerce determines that the number
of companies is large, and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for imports under the
appropriate Harmonized Tariff Schedule
of the United States (HTSUS)
subheading(s) listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On April 9, 2024, Commerce released
CBP data on imports of DOTP from
Taiwan and Tu¨rkiye under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on CBP data and/or respondent
selection must do so within three
business days of the publication date of
this notice of initiation of these
investigations.43 Comments must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Malaysia, Poland,
Taiwan, and Tu¨rkiye via ACCESS. To
the extent practicable, we will attempt
42 See Petitions at Volume I (page 5 and Exhibit
Gen-9); see also General Issues Supplement at 1 and
Exhibit Gen-9.
43 See Memoranda, ‘‘Release of U.S. Customs and
Border Protection Data,’’ dated April 9, 2024.
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to provide a copy of the public version
of the Petitions to each exporter named
in the Petitions, as provided under 19
CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of DOTP from Malaysia, Poland,
Taiwan, and/or Tu¨rkiye are materially
injuring, or threatening material injury
to, a U.S. industry.44 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.45 Otherwise, these LTFV
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 46 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.47 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
44 See
section 733(a) of the Act.
45 Id.
46 See
47 See
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19 CFR 351.301(b)(2).
Frm 00008
Fmt 4703
Sfmt 4703
29289
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the COP in the
ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act (i.e., a costbased PMS allegation), Commerce will
respond to such a submission consistent
with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a cost-based PMS
exists under section 773(e) of the Act,
then it will modify its dumping
calculations appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of cost-based PMS
allegations and supporting factual
information. However, in order to
administer section 773(e) of the Act,
Commerce must receive PMS allegations
and supporting factual information with
enough time to consider the submission.
Thus, should an interested party wish to
submit a cost-based PMS allegation and
supporting new factual information
pursuant to section 773(e) of the Act, it
must do so no later than 20 days after
submission of a respondent’s initial
section D questionnaire response.
We note that a PMS allegation filed
pursuant to sections 773(a)(1)(B)(ii)(III)
or 773(a)(1)(C)(iii) of the Act (i.e., a
sales-based PMS allegation) must be
filed within 10 days of submission of a
respondent’s initial section B
questionnaire response, in accordance
with 19 CFR 301(c)(2)(i) and 19 CFR
351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.48 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
48 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
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which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in these
investigations.49
Certification Requirements
Any party submitting factual
information in an AD proceeding must
certify to the accuracy and completeness
of that information.50 Parties must use
the certification formats provided in 19
CFR 351.303(g).51 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information and has made additional
clarifications and corrections to its AD/
CVD regulations.52
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: April 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is dioctyl terephthalate
(DOTP), regardless of form. DOTP that has
been blended with other products is included
within this scope when such blends include
constituent parts that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the DOTP component of the mixture is
covered by the scope of the investigations.
DOTP that is otherwise subject to these
investigations is not excluded when
commingled with DOTP from sources not
subject to these investigations. Commingled
refers to the mixing of subject and nonsubject DOTP. Only the subject component of
such commingled products is covered by the
scope of these investigations.
DOTP has the general chemical
formulation of C6H4 (C8H17COO)2 and a
chemical name of ‘‘bis (2-ethylhexyl)
terephthalate’’ and has a Chemical Abstract
Service (CAS) registry number of 6422–86–2.
Regardless of the label, all DOTP is covered
by these investigations.
Subject merchandise is currently classified
under subheading 2917.39.2000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under subheadings 2917.39.7000
or 3812.20.1000 of the HTSUS. While the
CAS registry number and HTSUS
classifications are provided for convenience
and customs purposes, the written
description of the scope of these
investigations is dispositive.
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06:41 Apr 20, 2024
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SUPPLEMENTARY INFORMATION:
Background
On September 29, 2023, Commerce
published the Preliminary
Determination in the Federal Register
and invited interested parties to
comment on it.1 For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.2 The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is brass rod from Korea.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
Brass Rod From the Republic of
Korea: Final Affirmative Countervailing
Duty Determination
During this investigation, Commerce
received scope comments from parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments and set aside a period for
parties to address scope issues in scopespecific case and rebuttal briefs.3 We
did not receive timely comments from
any interested parties on the
Preliminary Scope Decision
Memorandum. Thus, we did not make
any changes to the scope of the
investigation from the scope published
in the Preliminary Determination, as
noted in Appendix I.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
brass rod from the Republic of Korea
(Korea). The period of investigation is
January 1, 2022, through December 31,
2022.
DATES: Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Lingjun Wang, AD/CVD
1 See Brass Rod from the Republic of Korea:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 88 FR 67233 (September 29, 2023),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation of Brass Rod from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated September 25, 2023
(Preliminary Scope Decision Memorandum).
[FR Doc. 2024–08449 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–917]
AGENCY:
49 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
50 See section 782(b) of the Act.
51 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
52 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
Operations, Office OVII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–2316,
respectively.
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]]>Agencies
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29285-29290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08449]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-827, A-455-808, A-583-875, A-489-852]
Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the
Republic of T[uuml]rkiye: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 15, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan Araya (Malaysia) at (202) 482-
3401; Cameron Cheatham (Poland) at (678) 756-8362; Brian Smith (Taiwan)
at (202) 482-1766; and Craig Matney (the Republic of T[uuml]rkiye
(T[uuml]rkiye)) at (202) 482-2429, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 26, 2024, the U.S. Department of Commerce (Commerce)
[[Page 29286]]
received antidumping duty (AD) petitions concerning imports of dioctyl
terephthalate (DOTP) filed in proper form on behalf of Eastman Chemical
Company (the petitioner).\1\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping Duties,'' dated March 26, 2024 (the Petitions).
---------------------------------------------------------------------------
Between March 28 and April 4, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\2\ The petitioner filed responses to the
supplemental questionnaires between April 1 and 8, 2024.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letter, ``Supplemental Questions,'' dated
March 28, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Malaysia Supplemental,
Poland Supplemental, Taiwan Supplemental, and T[uuml]rkiye
Supplemental, dated March 28, 2024 and March 29, 2024; and
Memorandum, ``Phone Call with Petitioner,'' dated April 4, 2024.
\3\ See Petitioner's Letter, ``Response to Request for
Clarification,'' dated April 1, 2024 (General Issues Supplement);
see also Country-Specific AD Supplemental Responses, dated April 1,
2024 and April 3, 2024; and Petitioner's Letter, ``Response to
Request for Clarification (Turkey),'' dated April 8, 2024.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of DOTP from
Malaysia, Poland, Taiwan, and T[uuml]rkiye are being, or are likely to
be, sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the DOTP
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions were accompanied by information reasonably available
to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\4\
---------------------------------------------------------------------------
\4\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on March 26, 2024, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for each of these
LTFV investigations is January 1, 2023, through December 31, 2023.
Scope of the Investigations
The product covered by these investigations is DOTP from Malaysia,
Poland, Taiwan, and T[uuml]rkiye. For a full description of the scope
of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On March 28, 2024, Commerce requested information and clarification
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\5\ On April
1, 2024, the petitioner provided clarifications regarding the scope.\6\
The description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects the products for
which the domestic industry is seeking relief.
---------------------------------------------------------------------------
\5\ See General Issues Questionnaire.
\6\ See General Issues Supplement at 1-2.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\7\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\8\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on May 6, 2024, which is the next business day after 20
calendar days from the signature date of this notice.\9\ Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on May 16, 2024, which is 10 calendar days from the initial
comment deadline.
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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\8\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\9\ The deadline for scope comments falls on May 5, 2024, which
is a Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce will
accept comments filed by 5:00 p.m. ET on May 6, 2024 (``For both
electronically filed and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary will accept
documents that are filed on the next business day.'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of DOTP to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant cost of production (COP) accurately, as
well as to develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe DOTP, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and
[[Page 29287]]
issuing the AD questionnaires, all product characteristics comments
must be filed by 5:00 p.m. ET on May 6, 2024, which is the next
business day after 20 calendar days from the signature date of this
notice.\11\ Any rebuttal comments must be filed by 5:00 p.m. ET on May
16, 2024, which is 10 calendar days from the initial comment deadline.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as explained above, on the record of each of the LTFV
investigations.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.303(b)(1). The deadline for product
characteristics comments falls on May 5, 2024, which is a Sunday. In
accordance with 19 CFR 351.303(b)(1), Commerce will accept comments
filed by 5:00 p.m. ET on May 6, 2024 (``For both electronically
filed and manually filed documents, if the applicable due date falls
on a non-business day, the Secretary will accept documents that are
filed on the next business day.'').
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic-
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that DOTP, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\15\
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\14\ See Petitions at Volume I (pages 10-13 and Exhibits Gen-4
through Gen-6, Gen-12, and Gen-14).
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: Dioctyl
Terephthalate from Malaysia, Poland, Taiwan, and the Republic of
T[uuml]rkiye, dated concurrently with, and hereby adopted by, this
notice (Country-Specific AD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping Duty Petitions
Covering Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and
the Republic of T[uuml]rkiye (Attachment II). These checklists are
on file electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023.\16\ In addition,
the petitioner estimated the 2023 production of BASF Corporation, the
other U.S. producer of the domestic like product in 2023.\17\ The
petitioner then compared its production to the total volume of DOTP
produced by the U.S. industry.\18\ We relied on the data provided by
the petitioner for purposes of measuring industry support.\19\
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\16\ See Petitions at Volume I (page 4).
\17\ Id. at 4 and Exhibit Gen-15.
\18\ Id. at 4.
\19\ Id.; see also General Issues Supplement at 2 and Exhibit
Supp-Gen1. For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\20\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\23\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\24\
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\20\ See Petitions at Volume I (page 4 and Exhibit Gen-15); see
also General Issues Supplement at 2. For further discussion, see
Attachment II of the Country-Specific AD Initiation Checklists.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\22\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner states that
subject imports from Malaysia, Poland, Taiwan, and T[uuml]rkiye
individually exceed the
[[Page 29288]]
negligibility threshold provided for under section 771(24)(A) of the
Act.\25\
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\25\ See Petitions at Volume I (page 19 and Exhibits Gen-1 and
Gen-15); see also General Issues Supplement at 2 and Exhibit Supp-
Gen-2.
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume of subject imports; lost market
share; underselling and price depression and/or suppression; declines
in volume of production, sales, productivity and profitability; and
lost sales and revenue.\26\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\27\
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\26\ See Petitions at Volume I (pages 1-2, 14-37, and Exhibits
Gen-1, Gen-4 through Gen-8, and Gen-13 through Gen-17); see also
General Issues Supplement at 2 and Exhibit Supp-Gen-2.
\27\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Dioctyl
Terephthalate from Malaysia, Poland, Taiwan, and the Republic of
T[uuml]rkiye.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Malaysia, Poland, Taiwan, and T[uuml]rkiye, the petitioner
based export price (EP) on pricing information for sales, or offers for
sale, of DOTP produced in and exported from each country.\28\ For each
country, the petitioner made certain adjustments to U.S. price to
calculate net ex-factory U.S. prices, where applicable.\29\
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\28\ See Country-Specific AD Initiation Checklists.
\29\ Id.
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Normal Value
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\30\ In accordance with section 773(b)(2) of the Act, for each
of these LTFV investigations, Commerce will request information
necessary to calculate the constructed value (CV) and COP to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
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For Malaysia, Taiwan, and T[uuml]rkiye, the petitioner based NV on
home market prices it obtained for DOTP produced in and sold, or
offered for sale, in the respective countries during the POI.\31\ For
Taiwan and T[uuml]rkiye, the petitioner provided information indicating
that the prices for DOTP sold or offered for sale in the respective
countries were below the COP.\32\ Therefore, for Taiwan and
T[uuml]rkiye, the petitioner calculated NV based on CV.\33\ For further
discussion of CV for Taiwan and T[uuml]rkiye, see the section ``Normal
Value Based on Constructed Value'' below.
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\31\ See Malaysia AD Initiation Checklist; Taiwan AD Initiation
Checklist; and T[uuml]rkiye AD Initiation Checklist.
\32\ See Taiwan AD Initiation Checklist; and T[uuml]rkiye AD
Initiation Checklist.
\33\ Id.
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For Poland, the petitioner states that there are believed to be
insignificant commercial sales of DOTP in Poland and, therefore, it
based NV on pricing information for DOTP produced in Poland and sold,
or offered for sale, in a third country.\34\
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\34\ See Poland AD Initiation Checklist.
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Normal Value Based on Constructed Value
As noted above, for Taiwan and T[uuml]rkiye, the petitioner
provided information that indicated that the prices for DOTP sold or
offered for sale in the respective home markets were below the COP.\35\
Therefore, for Taiwan and T[uuml]rkiye, the petitioner calculated NV
based on CV.\36\
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\35\ See Taiwan AD Initiation Checklist; and T[uuml]rkiye AD
Initiation Checklist.
\36\ Id.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, selling, general, and
administrative (SG&A) expenses, financial expenses, and profit.\37\ For
each of these countries, in calculating the cost of manufacturing, the
petitioner relied on its own production experience and input
consumption rates, valued using publicly available information
applicable to the respective countries.\38\ In calculating SG&A
expenses, financial expenses, and profit ratios, the petitioner relied
on the 2022 or 2023 financial statements of a producer of identical
merchandise domiciled in the respective countries, where
applicable.\39\
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\37\ Id.
\38\ Id.
\39\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of DOTP from Malaysia, Poland, Taiwan, and
T[uuml]rkiye are being, or are likely to be, sold in the United States
at LTFV. Based on comparisons of EP to NV in accordance with sections
772 and 773 of the Act, the estimated dumping margins for DOTP for each
of the countries covered by this initiation are as follows: (1)
Malaysia--48.70 percent; (2) Poland--57.88 percent; (3) Taiwan--93.04
to 148.22 percent; and (4) T[uuml]rkiye--42.50 and 80.71 percent.\40\
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\40\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
Malaysia and Poland
In the Petitions, the petitioner identified one company in Malaysia
(Upc Chemicals (Malaysia) Sdn Bhd.) as a producer/exporter of DOTP and
one company in Poland (Grupa Azoty Zaklady Azotowy) as a producer/
exporter of DOTP and provided independent, third-party information as
support.\41\ We currently know of no additional producers/exporters of
DOTP from Malaysia and Poland.
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\41\ See Petitions at Volume I (page 5 and Exhibits Gen-9 and
Gen-16); see also General Issues Supplement at 1 and Exhibit Gen-9.
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Accordingly, Commerce intends to individually examine all known
producers/exporters in the investigations from these countries (i.e.,
the companies cited above). We invite interested parties to comment on
this issue. Such comments may include factual information within the
meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so
within three business days of the publication of this notice in the
Federal Register. Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because
we intend to examine all known producers/exporters in Malaysia and
Poland, if no comments are received or if comments received further
support the existence of these sole producers/exporters in Malaysia and
Poland, respectively, we do not intend to conduct respondent selection
and will proceed to issuing the initial AD
[[Page 29289]]
questionnaires to the companies identified. However, if comments are
received which create a need for a respondent selection process, we
intend to finalize our decisions regarding respondent selection within
20 days of publication of this notice.
Taiwan and T[uuml]rkiye
In the Petitions, the petitioner identified four companies in
Taiwan as producers/exporters of DOTP and 10 companies in T[uuml]rkiye
as producers/exporters of DOTP.\42\ Following standard practice in LTFV
investigations involving market economy countries, in the event
Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on U.S. Customs and Border Protection (CBP) data for
imports under the appropriate Harmonized Tariff Schedule of the United
States (HTSUS) subheading(s) listed in the ``Scope of the
Investigations,'' in the appendix.
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\42\ See Petitions at Volume I (page 5 and Exhibit Gen-9); see
also General Issues Supplement at 1 and Exhibit Gen-9.
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On April 9, 2024, Commerce released CBP data on imports of DOTP
from Taiwan and T[uuml]rkiye under administrative protective order
(APO) to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on CBP data and/or
respondent selection must do so within three business days of the
publication date of this notice of initiation of these
investigations.\43\ Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\43\ See Memoranda, ``Release of U.S. Customs and Border
Protection Data,'' dated April 9, 2024.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Malaysia, Poland, Taiwan, and
T[uuml]rkiye via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the Petitions to each exporter
named in the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of DOTP from Malaysia, Poland, Taiwan, and/or
T[uuml]rkiye are materially injuring, or threatening material injury
to, a U.S. industry.\44\ A negative ITC determination for any country
will result in the investigation being terminated with respect to that
country.\45\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\44\ See section 733(a) of the Act.
\45\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \46\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\47\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\46\ See 19 CFR 351.301(b).
\47\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the COP in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act (i.e., a cost-based
PMS allegation), Commerce will respond to such a submission consistent
with 19 CFR 351.301(c)(2)(v). If Commerce finds that a cost-based PMS
exists under section 773(e) of the Act, then it will modify its dumping
calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\48\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
[[Page 29290]]
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\49\
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\48\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\49\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD proceeding must
certify to the accuracy and completeness of that information.\50\
Parties must use the certification formats provided in 19 CFR
351.303(g).\51\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\50\ See section 782(b) of the Act.
\51\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information and has made additional clarifications and corrections to
its AD/CVD regulations.\52\
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\52\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is dioctyl
terephthalate (DOTP), regardless of form. DOTP that has been blended
with other products is included within this scope when such blends
include constituent parts that have not been chemically reacted with
each other to produce a different product. For such blends, only the
DOTP component of the mixture is covered by the scope of the
investigations.
DOTP that is otherwise subject to these investigations is not
excluded when commingled with DOTP from sources not subject to these
investigations. Commingled refers to the mixing of subject and non-
subject DOTP. Only the subject component of such commingled products
is covered by the scope of these investigations.
DOTP has the general chemical formulation of
C6H4
(C8H17COO)2 and a chemical name of
``bis (2-ethylhexyl) terephthalate'' and has a Chemical Abstract
Service (CAS) registry number of 6422-86-2. Regardless of the label,
all DOTP is covered by these investigations.
Subject merchandise is currently classified under subheading
2917.39.2000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under subheadings
2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry
number and HTSUS classifications are provided for convenience and
customs purposes, the written description of the scope of these
investigations is dispositive.
[FR Doc. 2024-08449 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-DS-P
